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Kirk Nahra Discusses Ashley Madison Data Breach Lawsuit
Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in an article published yesterday in Bloomberg News, about the filing of a lawsuit related to the release of 40 million names and addresses of possible users of Ashley Madison.
According to the article, users in California who are suing Ashley Madison after their information was leaked following a data breach of the adultery website. The plaintiffs—who are named as “John Doe”—contend that they paid the website $19 to have their profiles scrubbed from the site, only to discover that it didn’t do so. Mr. Nahra said that the plaintiffs will have difficulty in proving actual harm.
“This will likely follow the pattern we’ve seen in a lot of these cases, lots of lawsuits get filed and few go anywhere,” Mr. Nahra said. “If you’re in the class, would you even want to be identified? That’s the first issue. Then there’s the question of what’s the harm. Trying to describe what that harm is and why it’s the website’s fault that your wife divorced you is going to be interesting.”